Terms And Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our “Privacy Policy” govern The Chocolate Quarter’s relationship with you in relation to this website. In case of conflicting informations “Terms and Conditions” page will be used. If you disagree with any part of these terms and conditions, please do not use the website.

The term “The Chocolate Quarter”, “Chocolate Quarter” or “us” or “we” or “our” refers to the owner of the website whose registered office is 2 Spencer Street, Birmingham, B18 6DD, UK. The term “you” “user” “customer” and “member” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

General

  1. These Terms and Conditions take precedence over any other conflicting or differing statments made by us or on our publications, social media and website
  2. The content of the pages of this website is for your general information and use only. It is subject to change without notice. We reserve the right to change these terms and conditions at any time without notice
  3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  4. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than with our written permission.
  5. Unauthorised and illegal use of this website/hacking may give rise to a claim for damages and/or be a criminal offence.
  6. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  7. Force majeure – we reserve the right to defer the date of delivery or to cancel the order or reduce the volume of the Goods ordered without liability if we are prevented from or delayed in the carrying on of business due to circumstances beyond our reasonable control.
  8. Services are officially only offered in english and British Pounds Sterling
  9. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England only

Offers

  1. Any offers we make are designed to be used independently and are not to be used in conjunction with any other offer.
  2. We reserve the right to cancel and refund any orders where offers have been discounted or incorrectly priced as part of a glitch or error
  3. All online offers are exclusive of delivery charges, gift wrap and individual hamper receptacles or other such addons.
  4. Promotional Codes, eGift Certificate Codes (also referred to as offer codes, gift certificates and discount codes) and PDF Gift Certificates are each redeemable only once. We reserve the right to withdraw the promotional code at any time. Only one promotional code can be applied to each order. Promotional codes are not redeemable in-store.
  5. eGift Certificate Codes or PDF Gift Certificates are exempt from all offers online and in store, they cannot be discounted. They cannot be returned or exchanged for cash.

Products

  1. All products shown on our site are subject to availability. If the product you have ordered is not available, we may substitute your product for a similar product of equal or higher value. If time allows we will attempt to contact you in relation to the proposed substitution, but as the majority of orders are time critical, we may not have time to get in touch with you. However, if we determine that the main characteristics of the goods are too different to the goods ordered, we will give you the option to reconfirm or cancel your order.
  2. All of our products have a shelf-life of 2-4 weeks, unless otherwise specified.
  3. The images of the products on our site are for illustrative purposes only and your products may vary from those images.
  4. All of our products may contain traces of nuts, peanuts, eggs, milk, gluten, soy, sesame seeds, lupin, shellfish, fish, celery, mustard and sulphur dioxide as all these have been handled at some point by us. If you have an allergy you must contact us directly BEFORE ordering and await our instruction.

Delivery

  1. If your goods become unsuitable as a result of non-delivery, we cannot accept liability.
  2. The goods are at your responsibility and the risk is your own from the time of delivery or first attempted delivery.
  3. At the point of delivery, you shall be responsible for checking the Goods and ensuring that you sign a delivery note confirming the condition, quality and quantity of the actual Goods received, specifying any incorrect quantity or damage to the Goods upon delivery (see section concerning returns).
  4. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within estimated timescales.
  5. Risk of loss and damage of products passes to you when the products are delivered.
  6. We reserve the right to cancel your order if we do not deliver to your area.
  7. We reserve the right to send a revised delivery cost if calculated incorrectly or delivery costs change.
  8. The Chocolate Quarter cannot be held responsible for damage sustained in transit or for failed or late deliveries
  9. We cannot guarantee a dispatch timescale for orders. This is especially the case during busy periods or for custom, large, pre-ordered, backorder, out of stock items.
  10. We cannot guarantee delivery on or before a nominated delivery date. It will depend largely on the delivery service, location, order content, weather and courier you select
  11. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase products from our site. The importation or exportation of certain products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the products you purchase.
  12. It is completely your own responsibility to be aware of and to only order what is permitted with regards to your local laws and customs. The Chocolate Quarter is not responsible for any fees, fines, taxes, duties or additional charges incurred after postage such as by national customs or governments. Refunds are not possible on orders that have been refused by customs due to the perishable nature of our products.
  13. For information regarding deliveries returned by our courier see section concerning returns.

Bespoke, Wedding, Corporate and Wholesale Orders

  1. Bespoke, Wedding, Corporate or Wholesale orders and regular orders worth over £100 inc VAT are subject to at least the same conditions as regular orders.
  2. In addition these orders will be not be processed until at least all necessary artwork is received and approved by both parties and full payment is received.
  3. Where bespoke selections or personalised artworks have been ordered cancellation is not possible and we are not otherwise able to offer refunds or allow for a return of those items.
  4. You shall provide at your expense adequate and appropriate equipment for unloading Goods.
  5. We shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by our negligence), nor shall any delay entitle you to terminate or rescind the order.
  6. The Buyer waives any requirement to examine proofs the Chocolate Quarter shall not be liable for any errors in the finished Work and shall be indemnified by the Buyer against all resulting losses. Due to differences in equipment, paper, inks, printing media, cacao butters, dyes, transfers and other conditions between submitted images and production runs it is hereby agreed and accepted by the Buyer that variations in colour between the submitted images and the completed job will be acceptable.
  7. We cannot provide graphic, editing, proofing or image checking services. We will use the image as you send it. Colours cannot be pantone matched on chocolate. All printing is on white chocolate therefore images will appear as though printed onto yellow (not white) paper. Please consult an independent graphics company for assistance. Please bear in mind, the quality of the print, will be directly related to the quality of image we receive.
  8. We recommend for best quality you use only vector graphics with colours that look acceptable when printed on yellow papper. If you want to use images we recommend they must be a minimum 2000px X 2000px at over 96 dpi.

Alcohol

  1. Under the 2003 Licensing Act it is an offence to purchase or attempt to purchase alcoholic liquor if you are under the age of 18. We will not sell or deliver alcohol to anyone who is, or appears to be, under the age of 18. By placing an order for alcohol you confirm that you are at least 18 years old and we reserve the right not to deliver if we are unsure of this. In such cases you may still be charged.

Liabilities Returns Refunds And Cancellations

  1. Bespoke, corporate, wholesale, wedding or very large orders (see respective section) cannot be cancelled or returned.
  2. If your order has been dispatched we cannot offer a return or refund due to the perishable nature of our products
  3. If your subscription has be dispatched we cannot offer a return or refund due to the perishable nature of our products.
  4. If you have paid upfront for your subscription and we have dispatched your first box we cannot offer a refund
  5. We cannot accept returns for or exchange for cash eGift or PDF Gift – Certificate Codes
  6. You must check deliveries for damage and completeness and indicate such when signing. You must take images of the outside of the box and of any damage.
  7. If there was a problem with your delivery or order you must contact us within 2 working days of delivery detailing your order, what went wrong and attach images.
  8. We will try to fix the problem if we cannot do so, we will make a refund with store credit/gift certificate.
  9. If orders are returned by the courier for any reason you must pay a repeat delivery charge. It is your responsibility to contact us to rearrange this delivery. If you do not contact us within 2 week or if your goods become unsafe for consumption we will no be able to redeliver your goods. We cannot offer refund in these circumstances due to the perishable nature of our products. Unless the order was returned due to our own address labelling error.
  10. All delivery items leave our chocolaterie in perfect condition. The Chocolate Quarter cannot be held responsible for damage sustained in transit or for failed or late deliveries.
  11. Returning products under our Refund Policy is the responsibility of the purchaser. We recommend you use a recorded delivery service as we cannot accept responsibility for return postage costs or items lost or damaged in transit to us. We are unable to issue refunds until such products are received by us. We reserve the right to deduct payment for excessively used, handled, opened or unsalable items.

The Chocolate Quarter Club

  1. There are no contracts, you can pay as you go and cancel at any time or pay upfront for a specific period of time. This is not a service contract. If you pay as you go your current price is frozen for as long as you are an uninterrupted member.

  2. Members will receive “The Member’s Collections” once a month. No changes or substitutions are permitted.

  3. Users can purchase a pay-as-you-go or a prepaid subscription for themselves or a Gift Voucher Code/eGift Certificate at any time subject to availability and acceptance.

  4. These eGift Certificates can only be used for club of the month subscriptions and are subject to all the other terms and conditions of eGift Certificates.

  5. The date of dispatch or contents of “The Member’s Collections” or other collections sent as part of your membership are not guaranteed and subject to availability. The value of the collection will always be equal to or greater than the price you paid for membership when compared to what you would pay for the collection online at that time.

  6. Uninterrupted members for over a year will be eligible for special collections subject to availability and at our discretion

  7. If payment is unsuccessful for any reason membership will be cancelled. You can cancel membership at any time by contacting us directly.

  8. These offers are always subject to acceptance and stock availability

  9. We reserve the right to screen and reject any applications.

  10. We reserve the right to cancel anyone’s membership at any-time and make refund only for unfulfilled membership already paid for
  11. We reserve the right to suspend the club at any time and make refund only for unfulfilled membership already paid for.

  12. Club member delivery address must be UK mainland. If they are not you may still be charged and not receive your collections.

Auto-Gifting

  1. There are no membership fees or contracts, you just pay as you go and can cancel at any time. This is not a service contract.
  2. Users who purchase auto-gifting products will be sent their order every year to the original address specified on or before the date requested. You cannot change these details after ordering. You must cancel and reorder. We will send users an email detailing the product/products that was/were despatched.
  3. Subscribers will only be charged upon despatch of their order if payment is unsuccessful for any reason the order will be cancelled.
  4. Gift boxes will be designed by our master chocolatiers every year, based on the theme selected on ordering. Auto-gifting gift boxes cannot be customised or changed in any way. No exchanges or substitutions are permitted.
  5. These offers are always subject to acceptance and to stock availability.
  6. We reserve the right to screen and reject any applications.
  7. We reserve the right to cancel anyones subscription at any time and make refund only for unfulfilled payments.
  8. We reserve the right to suspend the product at any time and make refund only for unfulfilled payments.

Privacy Policy

  1. We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
  2. We may collect the following information: name, contact information including email address and Twitter handle, demographic information such as postcode, preferences and interests and any other information relevant to customer services/surveys and/or offers.
  3. We require this information to for Internal record keeping, to improve our products and services, send promotional emails or twitters about new products, special offers or other information which we think you may find interesting using (If you do not wish to receive such information please do not hesitate to let us know and we will remove your email address and/or Twitter from our list.)
  4. We take your privacy very seriously, and we will not distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

Security

  1. We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Website Links

  1. Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Cookies

  1. This site uses cookies – small text files that are placed on your computer to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymised tracking data to third party applications like Google Analytics. As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers

Nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer under applicable English law.